Queensland Heavy Vehicle Class 1 Agricultural Vehicle (Zone 1) Dimension Exemption Amendment Notice 2015 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2015G01700 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

Queensland Heavy Vehicle Class 1 Agricultural Vehicle (Zone 1) Dimension Exemption Amendment Notice 2015 (No. 1)

 

  1. Purpose

The purpose of this Notice is to amend the Queensland Heavy Vehicle Class 1 Agricultural Vehicle (Zone 1) Dimension Exemption Notice 2015 (No. 1) published in the Commonwealth Gazette on 31 August 2015.

Note: The effect of the amendment is to add one minor road in the Gold Coast area.         

The list of Gold Coast roads has also been rearranged to be in alphabetical order.

 

2.      Authorising Provision(s)

This Notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (HVNL).

 

3.      Commencement

This Notice commences on 19 October 2015.

 

4.      Amendment of Notice

This Notice amends the Queensland Heavy Vehicle Class 1 Agricultural Vehicle (Zone 1) Dimension Exemption Notice 2015 (No. 1) by omitting Schedule 1 of that Notice and inserting Schedule 1 of this Notice.

 

 

 

Dated:  14 October 2015

 

 

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator

 

 

 

Schedule 1  Participating Local Government Areas and Additional Conditions for Minor Roads

Column 1

Column 2

Column 3

Local Government Area

Routes

Additional conditions for minor roads

Bundaberg

Major and critical roads except to the extent excluded in this notice

Note—

 

Access to minor roads by oversized agricultural vehicles in the Bundaberg Region is governed by the  Bundaberg Region Class 1 Agricultural Vehicle (5.0m wide) Dimension Exemption Notice 2015 (No. 1)

(a)    There is no other requirement or condition from the Bundaberg Council or any other Authority or Entity which stipulates that the route or portions of the route may not be used by an eligible vehicle.

(b)    An operator operating an eligible vehicle under this notice must indemnify the Bundaberg Regional Council and its employees against any claim, action or process for damage or injury that may be sustained against them due to the use of vehicles specified.

Burdekin

Major, minor and critical roads except to the extent excluded in this notice

Nil

Cairns

Major, minor and critical roads except to the extent excluded in this notice

(a)    An operator operating an eligible vehicle under this notice must indemnify the Cairns Regional Council and its employees against any claim, action or process for damage or injury that may be sustained against them due to the use of vehicles specified.

(b)    A copy of the trial proposal and this acknowledgement should be kept in the vehicle as evidence of Councils acknowledgement.

Cassowary Coast

(a)    Major and critical roads except to the extent excluded in this notice; and

(b)    Minor roads other than a road incorporating a bridge, or culvert, that is less than 4.5 metres wide.

 

Nil

Fraser Coast

(a)    Major and critical roads except to the extent excluded in this notice; and

(b)    Minor roads constructed to a minimum of 6 metres wide

Nil

Gladstone

Major, minor and critical roads except to the extent excluded in this notice

The conditions contained in the document titled ‘Standard Conditions Applying to Permits (Grant of Authority) for Movement(s) of Excess Mass & Dimension Load(s) on the Gladstone Regional Council Road Network’, published at

http://www.gladstone.qld.gov.au/forms/R/”Roads - Standard Conditions applying to Permits (Grant of Authority)”

except to the extent such conditions are inconsistent with this notice.

Gold Coast

The following minor roads:

Ageston Road, Alberton;  Alberton Road, Alberton;  Beattie Road, Coomera;  Behms Road, Norwell;  Burnside Road, Gilberton;  Cabbage Tree Point Road, Steiglitz;  Cooks Road, Woongoolba; Eggersdorf Road, Ormeau; Finglas Road, Woongoolba;  Finnegan Way, Coomera;  Fischer’s Road, Norwell;  Foxwell Road, Coomera;  Gibson Road, Woongoolba;  Goldmine Road, Ormeau;  Gross Road, Steiglitz;  Helmore Road, Jacobs Well;  Holmstead Road, Steiglitz;  Huth Road, Jacobs Well;  Jacosa Road, Gilberton; Kerkin Road North, Norwell*; Kerkin Road South, Norwell;  Loves Road, Alberton;  Mill Road, Woongoolba;  New Norwell road, Norwell;  Norwell Road, Norwell; Pimpama-Jacobs Well Road, Pimpama; Pimpama-Jacobs Well Road, Norwell; Pimpama-Jacobs Well Road, Jacobs Well; Quinns Hill Road East, Alberton;  Quinns Hill Road West, Alberton;  Road, Gilberton;  Rocky Point Road, Steiglitz;  Rotary Park Road, Alberton;  School Road, Woongoolba;  Shipper Drive, Coomera;  Shortcut Road, Woongoolba; Skopp’s Road, Norwell;  Steiglitz Road, Steiglitz;  Stewarts Road, Ormeau; Swamp Road, Woongoolba; Waterway Drive, Coomera; Zipfs Road, Alberton; 

 

*This Notice does not permit a vehicle travelling on Kerkin Road North to drive onto the bridge on that road where it crosses the Pimpama River.

Gympie

Major, minor and critical roads except to the extent excluded in this notice

Nil

Hinchinbrook

(a)    Major, and critical roads except to the extent excluded in this notice; and

(b)    Minor roads outside a built-up area; and

(c)     The following minor roads within the city limits of  Ingham— 

  • McIllwraith St,
  • Tully St,
  • Davidson St, and
  • Skinner St 

Nil

Isaac

Major, minor and critical roads except to the extent excluded in this notice

Nil

Livingstone

Major, minor and critical roads except to the extent excluded in this notice

Nil

Mackay

Major, minor and critical roads except to the extent excluded in this notice

Nil

Rockhampton

Major, minor and critical roads except to the extent excluded in this notice

Nil

Townsville

Major, minor and critical roads except to the extent excluded in this notice

Nil

Whitsunday

Major, minor and critical roads except to the extent excluded in this notice

Nil

 

 

 

Overview

The Heavy Vehicle National Law Queensland Heavy Vehicle Class 1 Agricultural Vehicle (Zone 1) Dimension Exemption Amendment Notice 2015 (No. 1), published in the Commonwealth Gazette on 14 October 2015, amends the Queensland Heavy Vehicle Class 1 Agricultural Vehicle (Zone 1) Dimension Exemption Notice 2015 (No. 1). This amendment was made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (HVNL), with the intent of addressing a gap in the legislation by adding a minor road in the Gold Coast area. The primary objective of the Notice is to enhance the accessibility of minor roads by oversized agricultural vehicles in Queensland, subject to certain conditions. The Notice came into effect on 19 October 2015, providing updated guidelines for the movement of heavy vehicles within the specified zones.

Scope and Application

The Queensland Heavy Vehicle Class 1 Agricultural Vehicle (Zone 1) Dimension Exemption Amendment Notice 2015 (No. 1) is an amendment to the Queensland Heavy Vehicle Class 1 Agricultural Vehicle (Zone 1) Dimension Exemption Notice 2015 (No. 1), and it is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction. The Notice aims to adjust the list of minor roads in the Gold Coast area that are accessible to oversized agricultural vehicles, while also reorganising the roads in alphabetical order for clarity. This amendment applies to the operators of eligible vehicles within the specified local government areas, which include Bundaberg, Burdekin, Cairns, Cassowary Coast, Fraser Coast, Gladstone, Gold Coast, Gympie, Hinchinbrook, Isaac, Livingstone, Mackay, Rockhampton, Townsville, and Whitsunday. The exemption applies to minor roads within these areas, with specific conditions attached to some of these roads, including indemnification requirements for the local councils. The Notice commenced on 19 October 2015 and serves to fine-tune the exemptions related to the movement of heavy agricultural vehicles across specified minor roads in Queensland.

Key Provisions

The Queensland Heavy Vehicle Class 1 Agricultural Vehicle (Zone 1) Dimension Exemption Amendment Notice 2015 (No. 1) amends the original exemption notice published in the Commonwealth Gazette on 31 August 2015 (sections 1 and 2). Specifically, this amendment adds one minor road in the Gold Coast area and rearranges the list of Gold Coast roads in alphabetical order (section 4). The Notice is made under section 117 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction (section 2). This amendment commences on 19 October 2015. This Amendment Notice imposes specific obligations on operators of eligible vehicles in the participating local government areas. Operators must ensure their vehicles comply with the conditions outlined for each area, such as indemnifying local councils against claims for damage or injury (sections 5(a) and 6(a)). In the case of Cairns, operators must also keep a copy of the trial proposal and the Notice as evidence of the Council's acknowledgement (section 6(b)). Additionally, for Gladstone, operators must adhere to the conditions set out in the 'Standard Conditions Applying to Permits (Grant of Authority) for Movement(s) of Excess Mass & Dimension Load(s) on the Gladstone Regional Council Road Network', except where they conflict with the Notice (section 7). Breaches of the conditions specified in this Amendment Notice can lead to various penalties and consequences. While the Notice itself does not explicitly state the penalties, the Heavy Vehicle National Law provides a framework for enforcement. Generally, breaches can result in fines, prosecution, and other legal actions under the HVNL. The maximum penalties for such breaches can vary, but they are typically substantial, reflecting the seriousness of non-compliance with national heavy vehicle regulations. It is essential for operators to adhere strictly to the conditions to avoid these potential consequences.

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